It’s another major blow to the Justice Department after the dismissal of earlier charges against James and another longtime Trump foe, former FBI Director James Comey.
Jury nullification is a byproduct of a couple other rules.
jury verdicts can’t be appealed based on outcomes
double jeopardy isn’t allowed
jurors can’t be held responsible for verdicts
This means that if a jury returns not guilty, it’s over, which is what allows jury nullification. It’s not brought up because it’s technically a subversion of the process. It also has historically been problematic, and got people guilty of lynching off. The preferred alternative is an affirmative defense.
Juries are given very detailed instructions that are agreed upon by both sides and the judge. How these are worded is generally as critical as any testimony during the trial. These instructions generally a sort of flowchart of questions that determines the verdict. Jury nullification requires explicitly ignoring those instructions.
Jury nullification is a byproduct of a couple other rules.
This means that if a jury returns not guilty, it’s over, which is what allows jury nullification. It’s not brought up because it’s technically a subversion of the process. It also has historically been problematic, and got people guilty of lynching off. The preferred alternative is an affirmative defense.
Juries are given very detailed instructions that are agreed upon by both sides and the judge. How these are worded is generally as critical as any testimony during the trial. These instructions generally a sort of flowchart of questions that determines the verdict. Jury nullification requires explicitly ignoring those instructions.